WEB PRODUCTS

PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service

MWEB Advertising For Small Business Service Terms

 

1.            DEFINITIONS

Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions. To the extent that there is any contradiction between the General Terms and Conditions and these MWEB Advertising For Small Business Service Terms the following order of precedence shall apply: (i) these MWEB Advertising For Small Business Service Terms; and (ii) the General Terms and Conditions. In these MWEB Advertising For Small Business Service Terms:

1.1          Ad means the commercial content or advertising copy which you supplied to us for rendering the Advertising Service;

1.2          Advertising Rules means (a) any pre-requisites, as well as advertising- and technical guidelines, which with any product information, can be found on our Website and which may change from time to time without notification to you (“Advertising Guidelines”); and (b) all applicable laws, regulations and industry codes including without limitation the CPA and the Code of Advertising Practise of the Advertising Standards Authority of South Africa; and (c) our General Terms and Conditions which include our Acceptable Use Policy (“AUP”);

1.3          Advertising Service means the Advertising For Small Business Service selected by you in the Application Form whereby the Ad is to be served on or to appear on the allocated banner advertising space on our Website;

1.4          Ad Impression (in the context of online advertising) is a measure of the number of times an Ad is seen, whether it is clicked on or not. Each time an Ad displays it is counted as one impression;

1.5          Bundled Package means the Specific Service packages which we may bundle together from time to time on a discount basis or otherwise, as more fully described on our Website and as published by us from time to time, which package includes the Advertising Service;

1.6          Linked Website means your website or the targeted website to which your Ad may be linked to or may click through to, from time to time;

1.7          Product Terms means the terms specific to a product or service under “Product Terms and Conditions” on our Legal Notices page on our Website which will apply to a Specific Service, including these Advertising For Small Business Service Terms;

1.8          Service/s means the Specific Services provided to you, including without limitation the Advertising Services, depending on the Specific Service or Bundled Package selected by you in the Application Form;

1.9          Service Fee means the amount which we will charge you for the Service selected by you, as recorded in the Application Form and/or displayed on our Website;

1.10       Specific Service means each specific product or service which may be provided as part of a Bundled Package;

1.11       Website means www.mweb.co.za.

2.            DURATION, TERMINATION AND BILLING

2.1          The Services may be provided on a month to month basis or be provided for a fixed period, depending on what is available from time to time and what you have selected in the Application Form.

2.2          Where you have subscribed to a Bundled Package the termination of any one or more of the Specific Services shall constitute termination of your Service as a whole and you shall not be able to benefit from the discount structure of the Bundled Package. In such event, if you want to continue with any one or more of the Specific Services, you may do so by applying for renewal of the Specific Service, subject to the Product Terms of that service, provided that you shall be liable to pay the full Service Fees (thus without the discount structure), including any set-up fees, applicable to such Specific Service at the time of such renewal as specified on our Website.

2.3          You will pay the Service Fee to MWEB monthly in advance by way of debit order, or such other manner as agreed, on the last working day of each and every calendar month.

2.4          Where you subscribe to the Advertising Service as part of a Bundled Package billing will commence on Activation of the MWEB connectivity product forming part of the Services. Billing of the Advertising Service will otherwise commence on Activation of the Advertising Service.

2.5          You will be liable for payment of a re-activation fee should your Service or any Specific Service be suspended due to your breach of the Agreement.

2.6          Subject to applicable law MWEB shall be entitled to decommission or stop providing the Advertising Services at any time (without incurring any liability of whatsoever nature).

3.            THE ADVERTISING SERVICES

3.1          The Advertising Service is subscription based and you are liable to pay the Service Fees whether you provide us with an Ad or not or whether you update same or not.

3.2          MWEB will use reasonable commercial efforts to publish your Ad within three (3) Business Days of receiving an approved Ad but we do not warrant or represent that it will be published within a specific period and cannot guarantee it will be served timeously should you have specific advertising timelines. We will determine the placement and positioning of the Ads on our Website.

3.3          MWEB will use reasonable commercial efforts to serve the agreed number of Ad Impressions during a calendar month calculated as from the first day of a month until the last day of a month. Where the Advertising Service is activated during the course of a month the number of Ad Impressions served will be pro-rated depending on the date which the Ad is first published.   We make no representations as to whether the Ad will reach your intended target market or not.

3.4          You must provide us with your Ad timeously and in accordance with all Advertising Guidelines. It is your responsibility to review and ensure you meet the Advertising Guidelines before you subscribe to the Advertising Service and before you provide us with your Ad and to amend the Ad in accordance with changes to the Advertising Guidelines from time to time.

3.5          You are solely responsible for the Ad and its content and/or services or products offered on any Linked Website. MWEB does not take ownership of the Ad, we are merely serving it on your behalf. You warrant that all Ads provided to us and all content and/or services or products on Linked Websites comply with all Advertising Rules, in particular where Ads are for regulated goods or is in respect of specific services which have specified requirements under applicable law. Ads, its content and any offers promoted within Ads or on the Linked Website must not (a) offend users and all claims in Ads must be adequately substantiated; (b) be false, deceptive or misleading or contain any spam; (c) contain or promote illegal products or services or Prohibited Services; (d) be unlawful, harmful, harassing, libellous, privacy invading, abusive, threatening, vulgar, obscene or otherwise objectionable and (e) violate or infringe the rights of any third parties including Intellectual Property Rights.

3.6          Ads, or categories of Ads, that receive a significant amount of negative user feedback, or are otherwise deemed by us to violate or not comply with the Advertising Rules or reasonable community standards, are prohibited and may be removed. In all cases, MWEB reserves the right in its sole discretion to determine whether particular content is in violation of our community standards and Advertising Rules. In particular our Advertising Service may exclude advertising for certain services as indicated on our Website from time to time which may include, without limitation, the following services:

3.6.1              Adult entertainment / pornography;

3.6.2              Gambling;

3.6.3              Any service that competes with any product or service provided by MWEB.

(“the above is collectively referred to as the  “Prohibited Services”)

Providing us with any Ads or Linked Websites which are directly or indirectly related to such Prohibited Services shall be a material breach of this Agreement and in such event MWEB may immediately suspend or terminate the Advertising Services or Bundled Package without notice to you.

3.7          MWEB will not be obliged to or responsible for editing any artwork provided by you nor liable for any edits made on your behalf.

3.8          If you want the Ad to click through to your Linked Website, you will have to provide us with the correct and valid targeted URL from time to time. The content on the Linked Website has to relate to and be consistent with the content of the Ad provided. MWEB reserves the right to reject, cancel or remove any URL link, at any time for any reason whatsoever.

3.9          We reserve the right to reject, approve or remove any Ad or Linked Website which, in our discretion, is not in our interest to publish, including without limitations if it does not meet our Advertising Guidelines or these MWEB Advertising For Small Business Service Terms or if in our discretion it may negatively affect our relationship with other customers or website users or which may promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy.

3.10       By approving your Ad we do not represent in any way that it meets the Advertising Rules, and we do not purport to provide any advice on the lawfulness or otherwise appropriateness of the Ad and has no obligation to edit or review your Ad.  MWEB shall also have the right to disclose the Ad or takedown your Ad or take action as required by law or regulation or as we deem appropriate.

3.11       If your Ad is not approved you will be notified thereof as per the procedure indicated on our Website and you will be granted the opportunity to submit another version of the Ad as per our Advertising Guidelines. Ad changes will only be accepted once verification of the Customer has been done.  

3.12       MWEB’s sole liability, in respect of any Ad that is not delivered, shall be to provide you with a credit equal to the value of the under-delivered portion. Alternatively, an agreement may be reached with you to extend the Ad campaign end date in order for the full number of Ad Impressions to be served.

3.13       You may not resell, assign or transfer any of your rights or obligations hereunder and may not authorise any third party to use the account or Services.

4.    COPYRIGHT AND TRADEMARKS

4.1          You hereby warrant that you are, and at all relevant times shall be, the lawful owner or duly licensed user of the copyright in, and all other Intellectual Property Rights relating to the Ads and all content and/or services or products on Linked Websites and all material and content provided by you or on your behalf to MWEB for the purposes of this Agreement and provision of the Advertising Services.

4.2          You hereby irrevocably grant MWEB and its affiliates, a worldwide, royalty-free, non-exclusive, free and fully sub-licensable license to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit, distribute and use on the Website the Ad and any logo, trade name, trade mark, brand name or domain name or any Intellectual Property Right associated therewith, in whole or in part and to incorporate the Ad into other works in any format now known or hereinafter devised in perpetuity, for the purposes of fulfilling our obligations in respect of the Advertising Services.

4.3          You warrant that any Ad and all content and/or services or products on Linked Websites or content, made available by you, or MWEB's use of it, will not infringe the Intellectual Property Rights of any person and that you have the right to grant the license under clause 4.2 above.

5.            INFORMATION AND SECURITY

5.1          You warrant to MWEB that all information, documentation, data and material provided or transmitted to MWEB via or on the Linked Website or through any software, services, features or facilities on the Linked Website will be accurate, truthful and current and you will be solely responsible for the content of such information, documentation, data and material.

5.2          You warrant that you will ensure that the Linked Website is secure and does not link directly or indirectly with any website that contains spyware/malware, downloads or any software that result in an unexpected, deceptive or unfair user experience or which may violate or infringe the Intellectual Property Rights of any third party.

5.3          MWEB cannot control how clicks are generated on Ads but we will use reasonable efforts to detect click and filter activity but we are not responsible for any fraud, click fraud, technological issues, or other potentially invalid click activity that may affect your Ad and you shall have no claim of any nature whatsoever against us in such event in respect of the Advertising Service.

6.            INDEMNITY

6.1          You indemnify and hold MWEB and its officers, directors, agents, affiliates and employees harmless from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation reasonable attorney fees) resulting from claims or actions arising out of or in connection with (i) your use of the Service, including the Advertising Service, or any termination or suspension thereof, or any takedown or publication of an Ad; (ii) your website or any Linked Website (iii) any libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of Advertising Rules, any law, statute, ordinance, rule, or regulation throughout the world in connection with your website or Linked Websites (iv) and relating to a contaminated file, virus, worm or security issue emanating from your website or Linked Websites; and (v) any breach by you of any duty, representation or warranty under this Agreement. You are solely responsible for defending any claim, and for payment of damages or losses resulting from the aforegoing to both a third party and to MWEB.